U.S. Citizenship and Immigration Services
Date of Information: 08/25/2025
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Overview
U.S. Citizenship and Immigration Services (USCIS) is the DHS agency that administers immigration benefits—from family- and employment‑based green cards to naturalization, EADs, TPS, humanitarian parole, and asylum/refugee processing. Unlike ICE and CBP, USCIS is not a law‑enforcement body; its core mission is to adjudicate applications under federal law in a way that is fair, consistent, and secure.
What you’ll find on this page:
A plain‑English history of how USCIS came to be
The legal authorities that empower (and limit) USCIS
Practical guidance to avoid the most common case slow‑downs
Comprehensive FAQ
History: From INS to USCIS
Pre‑2003: The Department of Justice’s Immigration and Naturalization Service (INS) handled both benefits and enforcement.
Post‑9/11 reorganization: The Homeland Security Act of 2002 split functions across three DHS components (2003):
USCIS – benefits/adjudications
ICE – interior enforcement and investigations
CBP – border and ports of entry
Today: USCIS runs a global benefits operation with domestic field offices, application support centers (biometrics), national service centers, and overseas presence where authorized.
Why this matters: Understanding this split helps clients see why processing, enforcement, and border decisions happen in different places—and what remedies exist when something goes wrong.
Authorities: What USCIS Runs On
While officers have broad discretion, decisions must be grounded in law and policy—and are reviewable in many contexts.
Immigration and Nationality Act (INA): Core statute setting eligibility and procedures.
Homeland Security Act (2002): Moved benefits functions to DHS/USCIS.
Regulations (8 C.F.R.): Detailed rules for filings, evidence, interviews, decisions, motions, and appeals.
Policy & Guidance: DHS/USCIS policy manuals and field guidance interpreting statutes and regs.
Executive Actions & Court Decisions: Periodically reshape standards (e.g., public charge, fee rules, parole programs, TPS designations).
Guardrails: Restraints on USCIS Operations
Due Process (5th Amendment): Fair procedures, adequate notice, and a meaningful opportunity to respond (e.g., RFEs/NOIDs, interviews, motions/appeals).
Equal‑Protection Principles: No decisions based on protected characteristics.
Administrative Procedure Act (APA): Agency action can be challenged if it is arbitrary, capricious, or contrary to law.
Transparency & Records: FOIA access to many non‑exempt records; retention and notice rules protect applicants.
Mission Separation: Adjudications ≠ policing. USCIS focuses on eligibility, evidence, and program integrity.
Practical effect: When USCIS errs, you often have structured ways to fix it—from service requests and ombudsman help to motions, appeals, and, where appropriate, federal litigation.
Core Services (What Applicants Use Most)
Family-Based Immigration (I-130/I-485, consular processing)
Employment-Based Immigration (I-140, PERM-linked filings with DOL, specialty/extraordinary categories)
Naturalization & Citizenship (N-400, N-600/Consular Report of Birth Abroad interplay)
Humanitarian Programs (asylum, refugee, TPS, VAWA, U/T visas, SIJS, humanitarian parole)
However, please note that USCIS only processes “affirmative” asylum claims, i.e., those claims made by an individual who is already in the United States and not in removal proceedings in Immigration Court. Asylum claims made in Immigration Court are known as “defensive” asylum claims. See the CIL Guide to Defensive Asylum.
Travel/Work (EADs, Advance Parole, combo cards)
Records & Corrections (A-file FOIA, replacement documents, I-90, I-102, I-131, I-765)
Practical Help: Preventable Delays & How to Avoid Them
File the right form, the right fee, to the right place. Obvious—but common denials come from avoidable clerical errors. When in doubt, consult an attorney.
Evidence strategy: Submit primary evidence first; use secondary/affidavits when allowed, with a clean explanation.
Biometrics & address changes: Missed biometrics or stale addresses cause the most “ghost” delays—use AR-11 promptly and watch your online account.
Interview readiness: Bring originals of key civil docs, updated I-864 financials, and evidence of continuous eligibility. See also the CIL Guide to Greencard Interviews and the CIL Guide to Asylum Interviews.
Follow the lifecycle:
Receipt notice (keep the case number)
Biometrics
RFE/NOID if needed
Interview (where applicable)
Decision & document production
Service requests & expedites: Use when outside normal times or when you meet expedite criteria (e.g., severe financial loss, urgent humanitarian need).
Congressional assistance: Can prompt status reviews in stuck cases.
Ombudsman (DHS CIS-OMB): Independent escalations for systemic or prolonged issues.
Frequently Asked Questions About USCIS: History, Authority, and Services
1) What is USCIS and how is it different from INS?
U.S. Citizenship and Immigration Services (USCIS) is the benefits-adjudication agency within the Department of Homeland Security (DHS). It replaced the old Immigration and Naturalization Service (INS) after INS was dissolved in 2003 and its functions were split among USCIS (benefits), CBP (border), and ICE (enforcement).
2) What law gives USCIS its authority?
USCIS derives authority primarily from the Immigration and Nationality Act (INA), the Homeland Security Act of 2002, and DHS delegations/regulations (Title 8, Code of Federal Regulations). USCIS implements these authorities through policies and form instructions.
3) What kinds of services does USCIS provide?
USCIS adjudicates immigration benefits: naturalization (citizenship), family- and employment-based green cards, humanitarian programs (e.g., affirmative asylum, refugee processing in coordination with other agencies, TPS, humanitarian parole), nonimmigrant categories, replacement documents, and more. It does not conduct interior enforcement (that’s ICE) or run ports of entry (that’s CBP).
4) What is the USCIS Policy Manual?
The USCIS Policy Manual is the agency’s centralized, online policy resource. It supersedes much of the old Adjudicator’s Field Manual and is updated to reflect statutes, regulations, and binding court decisions.
5) How is USCIS funded?
Largely through filing fees set by regulation, with limited appropriated funds for specific initiatives. Fee rules and amounts can change—always check the current fee schedule and whether a fee waiver is available.
6) What are Service Centers, Field Offices, and the National Benefits Center?
Service Centers/NBC: primarily handle paper/electronic intake and adjudications that don’t require in-person interviews.
Field Offices/ASCs: conduct interviews, oaths, and biometrics (fingerprints/photos/signature).
7) What’s the difference between affirmative and defensive asylum?
Affirmative asylum is filed with USCIS when you’re not in removal proceedings. Defensive asylum is filed in Immigration Court (EOIR) as a defense to removal. If USCIS doesn’t grant an affirmative case and you lack status, it may be referred to EOIR.
8) How do I track my case?
Use a USCIS online account to see case status, upload evidence (when allowed), and receive notices. You can also check processing times, submit service requests for cases outside normal time, and—when appropriate—request expedite consideration.
9) Does USCIS use biometrics and background checks?
Yes. Most applicants must attend an Application Support Center (ASC) appointment for fingerprints, photo, and signature. USCIS uses these for identity verification and security/background checks.
10) What if I need in-person help?
USCIS offers limited in-person services via InfoMod appointments at Field Offices for specific issues (e.g., emergency travel documents). Most customer service starts via your online account or the USCIS Contact Center.
11) How do appeals and motions work for USCIS decisions?
Many USCIS decisions can be challenged through an appeal to the Administrative Appeals Office (AAO) or via a motion to reopen/reconsider with the office that issued the decision. Some categories (e.g., certain family cases) may go to the BIA instead—check your denial notice.
12) What is FDNS?
The Fraud Detection and National Security directorate supports USCIS by verifying information, detecting fraud, and addressing national security concerns. Applicants should expect possible site visits or verification checks.
13) Can USCIS share my information?
USCIS maintains A-Files and follows privacy and FOIA rules. Information can be shared with other agencies consistent with law and routine uses. You can request your records via FOIA.
14) How does USCIS issue policy updates or temporary programs?
Policy changes can come through regulations, policy manual updates, policy memos, and Federal Register notices. Humanitarian programs (e.g., certain parole processes or TPS designations) are created and modified via these mechanisms.
15) What is E-Verify and SAVE?
E-Verify lets participating employers confirm work authorization. SAVE allows government benefit-granting agencies to verify immigration status. Individuals typically interact with these indirectly through employers or benefit agencies.
16) How do I get official processing times and form editions?
USCIS publishes current processing times, form editions, and filing addresses online. Submitting the wrong form edition, fee, or address can delay or reject a filing.
17) What if I move while my case is pending?
You must promptly file the required change-of-address (online or by form). Missing address updates can lead to lost notices, abandonment, or denial.
18) Do I need a lawyer to file with USCIS?
Not required, but many benefits categories are complex and time-sensitive. An experienced immigration attorney can reduce errors, manage evidence, and protect appeal rights.
General Tips for Working with USCIS
When to seek counsel (and what we do differently)
Complex eligibility: Mixed immigration histories, prior denials, inadmissibility issues.
Document strategy: We build an evidence roadmap (primary → secondary → affidavits) so your file tells a coherent story.
Timing & sequencing: Strategic filing order (e.g., family petition + AOS concurrency; employment petition with timing around travel).
Stuck cases: We employ service requests, ombudsman referrals, congressional liaisons, and—where appropriate—APA litigation to compel action on long-pending matters.
Common pitfalls to avoid
Missing address updates and biometrics
Submitting incomplete civil records or mistranslations
Ignoring public charge and affidavit of support nuances
Traveling without understanding AP/visa implications
Need Help with a USCIS Case?
If your case is time-sensitive, stalled, or high-stakes, get a plan you can trust.
Other Helpful Resources:
See Also:
CIL Guide to the Circumvention of Lawful Pathways Rule
